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HomeMy WebLinkAboutCouncil Resolution 495RESOLUTION N0. 495 A RESOLUTION ADOPTING FINDINGS AND APPROVING THE PRELIMINARY PLAT FOA THE SUBDIVISION KNOWN AS "STONECREEK III, PHASE 2" WHEREAS, Gary Whittle, a subdivider and developer, has applied for approv- al of the preliminary plat for the subdivision known as Stonecreek III, Phase 2, a subdivision to be located within the City, more particularly described as Jackson County Tax Assessor`s map page 37 2W 10, Tax Lot 3900 and portions of Tax Lot 4100, and WHEREAS, notices of public hearing were duly and regularly published and said public hearing was held on the 17th day of September, 1987 before the Cen- tral. Point City Council, and following said public hearing the Council adopted findings relating to said subdivision and approved the preliminary plat thereof, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF CENTRAL POINT, OREGON, as follows: Section 1. The Council hereby finds as follows: (a) The proposed subdivision complies with the Comprehensive Plan and Zoning Ordinance of the City, which defines the proposed subdivision site as low-density residential and R-1 zoning district, respectively, and (b) The proposed subdivision is in substantial compliance with the Jackson Creek Neighborhood Development Plan, and (c) The proposed subdivision promotes clustered housing and other development designs that minimize the need for costly and unnecessary streets., walks and other municipal expenditures, and encourages the use of cul-de-sac streets in residential neighborhoods where possible in lieu of grid street pat- terns, and (d) Said subdivision as proposed subject to the proposed Subdivi- sion Agreement, is in full compliance with the Central Point Municipal Code. Section 2. The City Council hereby approves, subject to the Subdivi- sion Agreement relating thereto, attached hereto as Exhibit "A" and by this refer- ence incorporated into the within resolution, the preliminary plat for Stonecreek III, Phase 2. Passed by the Council and signed by me in authentication of its passage RESOLUTION N0. 495 1 this 22s~_ day of April 1988. Mayor ATTE' {%' ' ~ti~ Z City Represent, ive APPROVED by me this 22nd day of April 1985. Mayor RESOLUTION NO. 49.E 2 SUBDIVISION AGREEMENT STONE CREEK III, PHASE 2 THIS AGREEMENT, made and entered into by and between City of Central Point, Oregon, an Oregon municipal corporation, hereinafter referred to as "City" and Gary T. Whittle for Stonecreek Subdivision Partnership , hereinafter referred to as "Subdivider", W I T N E S S E T H: WHEREAS, Subdivider has made application to City for the construction of a subdivision to be named "Stone Creek III, Phase 2", hereinafter referred to as the "Subdivision", and the preliminary plat therefore has been reviewed and approved by City, subject to compliance with the construction plans and specifications submitted to City, the requirements of the Central Point Municipal Code, and execution of the within subdivision agreement, NOW, THEREFORE, in consideration of the covenants herein exchanged, the parties agree as follows: 1. CONSTRUCTION. Subdivider shall construct or cause to be constructed the subdivision and improvements described in the plans and specifications submitted to City for preliminary plat approval, with plans being titled " STONE CREEK SUBDIVISION ", Pages 1- 3 , as approved by the Public Works Director on April 21, 1988 , in accordance with said plans and specifications and all applicable provisions of the Central Point Municipal Code and such additional terms and conditions as are set forth hereinafter in Paragraph 7 of this agreement. 2. COMPLETION. Subdivider shall complete said subdivision and improvements described herein within six (6) months. from the date of the execution. of this agreement. In the event said subdivision and improvements have not been completed within said time, City shall have the right to require the following: (a) If said subdivision and improvements are more than sixty percent (60~) complete (by cost), City may, in its sole discretion, grant a six (6) month extension of time for completion, but as a condition thereof, may require a written schedule for completion which shall be approved by the Public Works Department. and which shall be adhered to by Subdivider. (b) If said subdivision and improvements are more than sixty percent (60g) complete (by cost), City may, notwithstanding paragraph (a) hereinabove, or if said subdivision and improvements are less than sixty percent (60~) complete (by cost), City shall require subdivider to post a bond pursuant to Central Point Municipal Code Section. 16.28.080 to secure the completion thereof. SUBDIVISION AGREEMENT - STONE CREEK III, PHASE 2 Page 1 (.042188) (c) If the subdivision has. not been completed within one (1} year of the date of the execution hereof, City shall have the following rights: (1) To deny final plat approval, occupancy permits, and building permits for said subdivision. (2) To require the completion of said subdivision under the terms of the bond. (3) To cause the completion of said subdivision and to proceed against Subdivider or his bond for the recovery of the costs thereof. 3. ADMINISTRATION/INSPECTION. (a) It shall be Subdividers responsibility to provide access: for all of such phases of construction as shall be required by City, including, but not limited to, the following: (1') Inspection and testing of all storm drainage, sanitary sewer pipe, water pipe and fire hydrants. (2) T.V. inspection of all sanitary sewer and storm drainage pipes. (3) Inspection and testing of trench backfilling for storm drains or sanitary sewers. (4) Inspection and testing of subgrade prior to placing street rock base. (5) Inspection and testing of base rock prior to placing surfacing. (6) Inspection and testing of the placement of the surfacing material. (7) Inspection and testing prior to placing any concrete. (8) Other construction within public right-of-way or easement dedicated or to be dedicated to the City. (b) Subdivider agrees to reimburse. City for the costs of administration and inspection of the project to the extent that the same are reasonably related to City's assuring compliance with the plans and specifications, the Central Point Municipal Code and the within agreement, which sums shall be due on a monthly basis and shall be paid within ten (10) days of receipt of the bill. Failure to pay such sums shall be grounds for withholding of final plat approval. Such administration and inspection shall include, but not be limited to, the following: SUBDIVISION AGREEMENT - STONE CREEK III, PHASE 2 Page 2 (042188) (i) Meeting with the Subdivider, project engineer or developer to review the project, City standards, specifications, ordinances, and procedures. (ii) Providing the Subdivider's engineer with information on existing conditions, facilities, and capital improvements required. (iii) Providing information. and data for any other jurisdictional, governmental or utility entity approvals or construction installa- tions. (iv) Reviewing all construction drawings, engineering, or specifications for changes in the original permitted project. (v) Making inspections necessary to assure compliance with City standards and specifi- cations. (vi) Reviewing existing as-built information to assist in determining the location of existing facilities. (vii) T.V. inspection of sanitary sewer and storm drainage systems.. (viii} Compaction and materials inspection performed by the City or contracted. 4. COMPLETION/OBLIGATIONS. (a) Upon completion of the subdivision and improvements as identified herein. in full compliance with the plans and specifications therefor, the Central Point Municipal Code, and. the within agreement, City shall grant final plat approval and accept the subdivision facilities and dedication thereof under the following conditions:. (1) The improvements have been inspected and found to be in compliance herewith. (2) A final inspection has been completed and any deficiency list completed and accepted as complete by the Public Works Department. (3) Subdivider agrees that from and after such acceptance, he guarantees the subdivision and improvements against defects in materials and workmanship for a period of two (2) years. It is understood and agreed between the parties SUBDIVISION AGREEMENT - STONE CREEK III, PHASE 2 Page 3 (042188) that prior to the expiration of the two year warranty period, City shall perform a final acceptance inspection to determine if any deficiencies exist due to materials or workmanship inadequacies, and Subdivider shall repair or cause the repair of said deficiencies. Upon approval of said repairs by City, City shall grant final acceptance, which acceptance shall be in writing. (b) Subdivider shall pay the following fees and perform the following acts as a condition of and prior to final plat approval and acceptancez (1) Administration and inspection fees as set forth hereinabove. (2) Sanitary sewer connection fees, payable by the person requesting installation of a sewer line from house to cleanout at the time of issuance of the building permit for each lot. (3) Installation of water meters shall be performed by City, with connection fees as specified by City ordinance to be paid by the party requesting installation. (4) Subdivider shall pay to the City of Central Point a park. development fee of $200.00 per lot, which is a total of $6,200.00. The total amount of $6,200.00 shall be paid to the City prior to approval of the final plat. (5) Subdivider agrees to dedicate the completed streets, water, sanitary sewer, storm drainage and other public facilities of said subdivision and. improvements to City upon completion thereof and acceptance by City. (6) Subdivider shall provide one set. of correct mylar "as-built" plans and specifications upon completion of the subdivision and improvements. If Subdivider fails to provide said plans, final plat approval shall be withheld, unless in lieu thereof Subdivider makes a cash deposit with City in the sum of $1,500.00 to cover the cost of said plans and specifications. 5. BUILDING PERMITS/OCCUPANCY PERMITS. (a) City shall issue building permits following final plat approval and acceptances as set forth hereinabove for the purpose of construction of homes within the subdivision, subject to all of the standard terms and conditions for said permits, SUBDIVISION AGREEMENT - STONE CREEK III, PHASE 2 Page 4 (042188) this agreement, and all applicable city, county and state laws and regulations. (b) Building permits may be issued prior to issuance of final plat approval if, in the sole discretion of City, such issuance is appropriate and if Subdivider has fully complied with the terms and provisions of Central Point Municipal Code Section 16.28.070. 6. MISCELLANEOUS PROVISIONS. (a) Subdivider shall hold City and its duly elected and appointed officials, employees, agents and assigns, harmless from any and all liability or responsibility by reason of any omissions, errors or deletions on the plans and specifications for the improvements in the within subdivision or the construction thereof, and shall indemnify the same against any such liability or responsibility. As a condition of the within agreement, Subdivider shall obtain and maintain a policy of liability insurance coverage with policy limits in the sum of not less than $1,000,000.00 combined single limit, naming City and its duly elected and appointed officials, employees, agents and assigns, as insured parties therein. (b) This agreement contains the entire agreement to which it relates and supersedes any prior written or verbal agreements or representations. (c} This agreement shall be binding upon the parties and their agents, successors and assigns; Subdivider shall not assign his rights under the terms of this agreement without the express written approval of City. (d) In the event either party institutes legal proceedings for the purpose of enforcing the within agreement or seeking damages for the breach hereof, or to recover the cost of completion of the subdivision improvements described herein, the prevailing party shall be entitled to recover attorney fees and costs incurred at trial and on appeal in reasonable sums to be determined by the respective courts. 7. ADDITIONAL CONDITIONS. The following additional conditions are expressly made a part of the within agreement, to be performed and completed by Subdivider, as a condition of City's obligations hereunder: (a) Subdivider shall pay for the installation of the temporary barricade at the end of Snowy Butte Lane by the City of Central Point. (b) Subdivider shall pay for the development and installation of the required traffic control devices as provided in the Manual on Uniform Traffic Control Devices by the City of Central Foint. SUBDIVISION AGREEMENT - STONE CREEK III, PHASE 2 Page 5 (042188) (c) Subdivider shall pay for the installation of ladders in sanitary sewer manholes by the City of Central Point. IN WITNESS WHEREOF the partie have hereunto affixed their signatures: on this /~~day of ~j~/Y~ , 1988. CSTY OF CENTRAL POINT, OREGON BY r Authorized ~2~presentative SUBDIVIDERS) ~.~.u ~~~~ ~ ,~ ~. ~ ~~ ,~, STATE OF OREGON ~ ss. County of Jackson ) On this day of y~/~7/^I i , 1 988, before me personally appeared Don Jones and , who, being first duly sworn, each for himself and not for the other, did say that the former is the Mayor and the latter is the ~C/"('~-Y?a of the City of Central Point, an Oregon municip corporation, and that the foregoing instrument was signed on behalf of said municipal. corporation by authority of its City Council; and each of them acknowledged the foregoing instrument to be its voluntary act and de ~.. _ "Notary Public fz~' Oregon //~~ My Commission Expires: ~~%''9"~~ SUBDIVISION AGREEMENT - STONE CREEK III, PHASE 2 Page 6 (042188) STATE OF OREGON ) ss. County of Jackson. ) On this 21 day of personally appeared Gary T. Subdivision Partnership tnd~msed~x~asrdcxpo4x~oflx ex instrument to be bdaa~ax voles its. April , 1988, before me Whittle for Stonecreek x~a~dc who being duly sworn,xxG~ae max, acknowledged the foregoing Vary act and deed. n ,`l NdtarjY Public for-'Orei~op My Commission Expires: r ~3-` C~ SUBDIVISION AGREEMENT - STONE CREEK III, PHASE 2 Page 7 (0421.88) RESOLUTION NO. 495 A RESOLUTION ADOPTING FINDINGS AND APPROVING THE PRELIMINARY PLAT I'OR THE SUBDIVISION KNOWN AS "STONECREEK III, PHASE 2" WHEREAS, Gary Whittle, a subdivider and developer, has applied for approv- al of the preliminary plat for the subdivision known as Stonecreek III, Phase 2, a subdivision to be located within the City, more particularly described as Jackson County Tax Assessor`s map page 37 2W 10, Tax Lot 3900 and portions of Tax Lot 4100, and WHEREAS, notices of public hearing were duly and regularly published and said public hearing was held on the 17th day of September, 1987 before the Cen- tral Point City Council, and following said public hearing the Council adopted findings relating to said subdivision and approved the preliminary plat thereof, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF CENTRAL POINT, OREGON, as follows: Section 1. The Council hereby finds as follows: (a) The proposed subdivision complies with the Comprehensive Plan and Zoning Ordinance of the City, which defines the proposed subdivision site as low-density residential and R-1 zoning district, respectively, and (b) The proposed subdivision is in substantial compliance with the Jackson Creek Neighborhood. Development Plan, and (c) The proposed subdivision promotes clustered housing and other development. designs that minimize the need for costly and unnecessary streets, walks and other municipal expenditures, and encourages the use of cul-de-sac streets in residential neighborhoods where possible in lieu of grid street pat- terns, and (d) Said subdivision as proposed subject to the proposed Subdivi- sion Agreement, is in full compliance with the Central Point Municipal Code. Section 2. The City Council hereby approves, subject to the Subdivi- sion Agreement relating thereto, attached hereto as Exhibit "A" and by this refer- ence incorporated into the within resolution, the preliminary plat for Stonecreek III, Phase 2. Passed by the Council and signed by me in authentication of its passage RESOLUTION NO. 495. 1 this 2~~ day of April lygg, ,-' Mayor ATTE City Represents ive APPROVED by me this 22nd day of _ April 1985. Mayor RESOLUTION N0. 49.E 2 SUBDIVISION AGREEMENT STONE CREEK III, PHASE 2 THIS AGREEMENT, made and entered into by and between City of Central Point, Oregon, an Oregon municipal corporation, hereinafter referred to as "City" and Gary T. Whittle for Stonecreek Subdivision Partnership , hereinafter referred to as "Subdivider", W I T N E S S E T H: WHEREAS, Subdivider has made application to City for the construction of a subdivision to be named "Stone Creek III, Phase 2", hereinafter referred to as the "Subdivision", and the preliminary plat therefore has been reviewed and approved by City, subject to compliance with the construction plans and specifications submitted to City, the requirements of the Central Point Municipal Code, and execution of the within subdivision agreement, NOW, THEREFORE, in consideration of the covenants herein exchanged, the parties agree as follows: 1. CONSTRUCTION. Subdivider shall construct or cause to be constructed the subdivision and improvements described in the plans and specifications submitted to City for preliminary plat approval,. with plans being titled " STONE CREEK SUBDIVISION ", Pages 1- 3 , as approved by the Public Works Director on April 21, 1988 , in accordance with said plans and specifications and all applicable provisions of the Central Point Municipal Code and such additional terms and conditions as are set forth hereinafter in Paragraph 7 of this agreement. 2. COMPLETION. Subdivider shall complete said subdivision anal improvements described herein within six (6) months from the date of the execution of this agreement. In the event said subdivision and. improvements have not been completed within said time, City shall have the right to require the following: (a) If said subdivision and improvements are more than sixty percent (60~) complete (by cost), City may, in its sole discretion, grant a six (6) month extension of time for completion, but as a condition thereof, may require a written schedule for completion which shall be approved by the Public Works Department and which shall be adhered to by Subdivider. (b) If said subdivision and improvements are more than sixty percent (60ro) complete (by cost), City may, notwithstanding paragraph (a) hereinabove, or if said subdivision and improvements are less than sixty percent (60~) complete (by cost), City shall require subdivider to post a bond pursuant to Central Point Municipal Code Section 16.28.080 to secure the completion thereof. SUBDIVISION AGREEMENT - STONE CREEK III, PHASE 2 Page 1 (042188) (c) If the subdivision has not been completed within one (1) year of the date of the execution hereof, City shall have the following rights: (1) To deny final plat approval, occupancy permits, and building permits for said subdivision.. (2) To require the completion of said subdivision under the terms of the bond. (3) To cause the completion of said subdivision and to proceed against Subdivider or his bond for the recovery of the costs thereof. 3. ADMINISTRA^1 ION/INSPECTION. (a) It shall be Subdivider's responsibility to provide access for all of such phases of construction as shall be required by City, including, but not limited to, the following: (1) Inspection and testing of all storm drainage, sanitary sewer pipe, water pipe and fire hydrants. (2) T.V. inspection of all sanitary sewer and storm drainage pipes. (3) Inspection and testing of trench backfilling for storm drains or sanitary sewers. (4) Inspection and testing of subgrade prior to placing street rock base. (5) Inspection and testing of base rock prior to placing surfacing. (6) Inspection and testing of the placement. of the surfacing material. (7) Inspection and testing prior to placing any concrete. (8) Other construction within public right-of-way or easement dedicated or to be dedicated to the City. (b) Subdivider agrees to reimburse City for the costs of administration and inspection of the project to the extent that the same are reasonably related to City's assuring compliance with the plans and specifications, the Central Point Municipal Code and the within. agreement, which sums shall be due on a monthly basis and shall be paid within ten (10) days of receipt. of the bill. Failure to pay such sums shall be grounds for withholding of final plat approval. Such administration and inspection shall include, but not be limited to, the following: SUBDIVISION AGREEMENT - STONE CREEK III, PHASE 2 Page 2 (042188) (i) Meeting with the Subdivider, project engineer or developer to review the project, City standards, specifications, ordinances, and procedures.. (ii) Providing the Subdivider's engineer with information on existing conditions, facilities, and capital improvements required. (iii) Providing information and data for any other jurisdictional, governmental or utility entity approvals or construction installa- tions. (iv) Reviewing all construction drawings, engineering, or specifications for changes in the original permitted project. (v) Making inspections necessary to assure compliance with City standards and specif- cations. (vi) Reviewing existing as-built information to assist in determining the location of existing facilities. (vii) T.V. inspection of sanitary sewer and storm drainage systems. (viii) Compaction and materials inspection performed by the City or contracted. 4. COMPLETION/OBLIGATIONS. (a) Upon completion of the subdivision and improvements as identified herein in full compliance with the plans and specifications therefor, the Central Point Municipal Code, and the within agreement, City shall grant final plat approval and accept the subdivision facilities and dedication thereof under the following conditions:. (1) The improvements have been inspected and found to be in compliance herewith. (2) A final inspection has been completed and any deficiency list completed and accepted as complete by the Public Works. Department. (3) Subdivider agrees that from and after such acceptance, he guarantees the subdivision and improvements against defects in materials and workmanship for a period of two (2) years. It is understood and agreed. between the parties SUBDIVISION AGREEMENT - STONE CREEK III, PHASE 2 Page 3 (042188) that prior to the expiration of the two year warranty period, City shall perform a final acceptance inspection to determine if any deficiencies exist due to materials or workmanship inadequacies, and Subdivider shall repair or cause the repair of said deficiencies. Upon approval of said repairs by City, City shall grant final acceptance, which acceptance shall be in writing. (b) Subdivider shall pay the following fees and perform the following acts as a condition of and prior to final plat approval and acceptance: (1) Administration and inspection fees as set forth hereinabove. (2) Sanitary sewer connection fees, payable by the person requesting installation of a sewer line from house to cleanout at the time of issuance of the building permit for each lot. (3) Installation of water meters shall be performed by City, with connection fees as specified by City ordinance to be paid by the party requesting installation. (4) Subdivider shall pay to the City of Central Point a park development fee of $200.00 per lot, which is a total of $6,200..00. The total amount of $6,200.00 shall be paid to the City prior to approval of the final plat. (5) Subdivider agrees to dedicate the completed streets, water, sanitary sewer, storm drainage and other public facilities of said. subdivision and improvements to City upon completion thereof and acceptance by City. (6) Subdivider shall provide one set of correct mylar "as-built" plans and specifications upon completion of the subdivision and improvements. If Subdivider fails to provide said plans, final plat approval shall be withheld, unless in lieu thereof Subdivider makes a cash deposit with City in the sum of $1,500.00 to cover the cost of said plans and specifications. 5. BUILDING PERMITS/OCCUPANCY PERMITS. (a) City shall issue building permits following final plat approval and acceptances as set forth hereinabove for the purpose of construction of homes within the subdivision, subject to all of the standard terms and conditions for said permits, SUBDIVISION AGREEMENT - STONE CREEK III, PHASE 2 Page 4 (0421.88) this agreement, and all applicable city, county and state laws and regulations.. (b) Building permits may be issued prior to issuance of final plat approval if, in the sole discretion of City, such issuance is appropriate and if Subdivider has fully complied with the terms and provisions of Central Point [dunicipal Code Section 16.28,070. 6. MISCELLANEOUS PROVISIONS. (a) Subdivider shall hold City and its duly elected and appointed officials, employees, agents and assigns, harmless from. any and all liability or responsibility by reason of any omissions, errors or deletions on the plans and specifications for the improvements in the within subdivision or the construction thereof, and shall indemnify the same against any such liability or responsibility. As a condition of the within agreement, Subdivider shall obtain and maintain a policy of liability insurance coverage with policy limits in the sum of not less than $1,000,000.00 combined single limit, naming City and its duly elected and appointed officials, employees, agents and assigns, as insured parties therein. (b) This agreement contains the entire agreement to which it relates and supersedes any prior written or verbal agreements or representations. (c) This agreement shall be binding upon the parties and their agents, successors and assigns; Subdivider shall not assign his rights under the terms of this agreement without the express written approval of City. (d) In the event either party institutes legal proceedings for the purpose of enforcing the within agreement or seeking damages for the breach hereof, or to recover the cost of completion of the subdivision improvements described herein, the prevailing party shall be entitled to recover attorney fees and costs incurred at trial and on appeal in reasonable sums to be determined by the respective courts. 7. ADDITIONAL CONDITIONS. The following additional conditions are expressly made a part of the within agreement, to be performed and completed by Subdivider, as a condition of City's obligations hereunder: (a) Subdivider shall pay for the installation of the temporary barricade at the end of Snowy Butte Lane by the City of Central Point. (b) Subdivider shall pay for the development and installation of the required traffic control devices as provided in the Manual on Uniform Traffic Control Devices by the City of Central Point. SUBDIVISION AGREEMENT - STONE CREEK III, PHASE 2 Page 5 (042188} (c) Subdivider shall pay for the installation of ladders in sanitary sewer manholes by the City of Central Point. IN WITNESS WHEREOF the parties have hereunto affixed their signatures on this h~day of ~~/~i/ , 1988.. CITY OF CENTRAL POINT, OREGON BY or zed j2~presentative SUBDIVIDERS) ~ f. ~~tiz ~~i ,~~ ii ~t ~~~ , STATE OF OREGON ~ ss. County of Jackson ) On this ~;~`"~day of ~J~/"/~~ , 1988, before me personally appeared Don Jones and , who, being first duly sworn, each for himself and not for the other, did say that the former is the Mayor and the latter is the ~('r~:~-Y~ of the City of Central Point, an Oregon. municip corporation, and that the foregoing instrument was signed on behalf of said municipal corporation by authority of its City Council; and each of them acknowledged the foregoing instrument to be its voluntary act and--d~e ~ ,./ `Notary Public f r Oregon My Commission Expires: ~-`~~`~~~'~~ SUBDIVISION AGREEMENT - STONE CREEK III,. PHASE 2 Page 6 (042188) STATE OF OREGON ) ss. County of Jackson ) On this 21 day of April , 1988, before me personally appeared Gary T. Whittle for Stonecreek xacx}c Subdivision Partnership , who being duly sworn, ~a~dxxf~mc ~msed~xx-~xk~dx~dxecxx5daeax., acknowledged the foregoing instrument to be tax volun~ary act and deed. its i/ ;-~ •- Ndtary' Public for'Orec~on My Commission Expires: J /~-'~ (. SUBDIVISION AGREEMENT - STONE CREEK III, PHASE 2 Page 7 (042188)